MOHD. HUSSAIN Vs. MOHD. ASHGAR

JUDGEMENT

(1.) The present order shall dispose of two revision petitions i.e. Civil Revision No.8683 and 8685 of 2014. The facts are being taken from Civil Revision No.8683 of 2014 'Mohd. Hussain Vs. Mohd. Ashgar'.

(2.) The present revision petitions filed by the landlord are directed against the remand order of the Appellate Authority, Sangrur dated 07.11.2014 (Annexure P-2), whereby the Rent Controller has been directed to reconsider the evidence led by the parties and decide afresh under correct heads/issues expeditiously. Resultantly, the appeals filed by the respondent-tenant have been allowed.

(3.) Counsel for the petitioner has relied upon the Division Bench judgment of this Court in 'Raghu Nath Jalota Vs. Romesh Duggal and another' 1980 AIR (Punjab) 188 to argue that under the provisions of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') and in view of Sec. 15 (3), the Appellate Authority has to re-decide the issue either by himself or through the Rent Controller. The power of remand as such accordingly to the Appellate Authority was held to be not existing under the Act. The question referred to the by the Division Bench and the answer reads as under:-